07-22-4721 '£
J~LY 22ND, 1947
Regular meeting of the City Council o£ the City of Delray B~ach ~as held in
the Council Chambers a~ 7:30 P. M. with ~yor M. M. De Witt in the Chair, and City
Manager H. P. Edmond, ity Attorney. J. ~. Nowlin, and the following Councilmen
present: B. C. Butler and J. B. Smith, a quorum being present.
The minutes of the meetings of August 8th, 15th and 17th were presented and
approved as written. ~
A letter from the Board of County Commissioners was read by the City Manager,
as ~ing the City to cooperate with the Highway Department by deeding City owned
property needed for a right-of-way for the proposed highway which will go through
the town eaSt of the Seaboard Railway.
Mayor De~Jitt explained that as only an aerial survey had been made, the
definite location of the highway had not yet been determined, but recommended that
the Council pass a resolution as requested, agreeing to hold City o~,ned property in
this vicinity until the exact route of the highway can be determined, and to cooperate
with the County in every way b$~deeding land needed for the right-of-way when the
location has been fixed.
The following Resolution was then introduced, and same was ~ead in ih~ll:
RESOLUTION NO. 626
214
JULY 221~D, 1947
A motion was made by Councilman Smith, seconded by Councilman Butler, that
the foregoing Resolution No . 626 be passed and adopted as read, and upon call of
roll the motion carried unanimously.
City Mana~er Edmond recommended that the salary of M. M. ~this, Foremnn of
theStreet and Sanitary Departments, be raised from $190.O~ to ~200.OO per month,
as he was doing ±.he worx formerly done by Mr. Harvel and ~'~. Ward together, and
at less salary than paid to ~[r. Harvel alone.
Upon motion of Councilman Smith, seconded by Councilman Butler, and unanimously
carried, the recommendation of the City M~nager was approved, that ~.~r. ~this' salary
be raised from ~190.00 to $200.O0 per month to be effective as of July 15th.
City Attorney Nowlin informed the Council that he had received wor.~ that the
owners of property needed for the extension of the Golf Course would be in town the
first part of August to discuss selling the land needed by the City.
Mayor DeWitt reported that ]%59 shots had been given to residents of the colored
section as a precaution against an outbreak of typhoid fever, and that the clinics
would be continued for another month as a series of three shots are required, tie
alsostated that the State Boar~ of Health had criticized the sale of raw milk by one
of our local dairies located west of the City, stressing the fact that typhoid fever
epidemics were caused by the use of raw milk as well as from impure water.
The City Manager was instructed to check into the situation with the City Health
Officer at once.
Mayor DeWitt suggested that an examination be required to be given to all
applicants for General Building Contractor's licenses, the same m is required for
Electric?.! and Pl~unbing Contractors, stating that it was important that present
building construction be of the best as it will be a reflection on the City in the
future.
Building Inspector Adams stated that he considered the present type of building
construction to be above the average compared with other Cities in this vicinity.
No action was taken on the recommendation of ~yor De~itt, until the matter can
be given more consideration.
The following letter from the Delray Beach Board of Realtors was read:
"JOHN A THAY~
Realtor
P. 0. Box 236
Delrs. y Beach, Florida
July 15, 1947
Honorable Mayor and City Council,
Delray Beach,
Florida
Gentlemen:
At the last regular meeting of the Delray Beach Board of Realtors which was held
JULY 22ND, 1947
on July llth, I was instructed, as president, to submit recommendations to the City
Council - which I had submitted to the Board - r~garding new reo~ulations for the
licensing ~of real estate brokers and salesmen in the Delray Beach Area. My reconmnen-
dations were made after a thorough survey of other cities in the lower F~st Coast
area and after talks with the presidents of the Boards of Re~oltors in the various
communities.
The motive behind the recommendations of the Delray Beach Board of Realtors is,
primarily, a motive of insurance to protect this city from loss of values due to
either incompetent or purely selfish real estate operations. We feel that the community
must be protected and that it is dangerous to~ the most valuable asset the City has-
real property- to permit those who have shown no previous interest in this community
to enter this field for purely exploitation purposes. Good, competent competition
practiced on a high level is beneficial to all and to the people who buy or sell real
~roperty. Plain selfish exploitation of a rich market by either incompetents or
temporary promoters is certainly detrimental.
My survey of other cities for the most part showed that the City governments
make certain requirements of real estate brokers and salesmen before granting city
licenses. It is not enough to merely show a State registration, pay the fee and start
practicing.
The most particular cities are Ft. L~uderdale, Miami Beach, Miami and Coral Gables.
In orde~ to secure a broker's license in one of these cities the applicant must have
been a resident for one year, must take a city examination on the knowledge of the
city: its geography, its fundamental zoning laws, and its tax structure. A salesman
must have a 6 months residence and must be a salesman for a year before he c~ become
a broker. Such regulations discourage the exploiter ~ho merely intends to exploit ~nd
has no real interest in the con~unity.
In behalf of the De!ray Beach Board of Realtors and in the best interests of the
community I respectully request that the City Attorney be instructed to prepare and
the City Council immediately consider, the passage of an emergency ordinance in order
to protect its most w~luable asset. I suggest, in behalf of the Board, that the
ordinance include the following reMulations:
Real Estate Brokerage License
1. No applicant shall be issued a real estate broker license who has been a resident
of the Delray Beach area less than one year.
2. No applicant for a broker's license shall be accepted until he has passed an
examination regarding the City's zoning, divisions, fundamentals of tax structure,
and local real estate laws.
3. No broker, with office outside the Delray Beach area, shall be authorized to act
as broker in the purchase or sale of De!ray Beach reat estate unless he has obtained
A Delray Beach city license or clears through a licensed Delray Beach broker.
4. No applicant for a City of Delray Beach broker license shall be considered eligible
until he has shown the City Clerk registration card of the Florida Real Estate
CoKmnission.
JULY 22ND, 1947
REal Estate Salesman License
1. Applicants for real estate salesman's license, to be considered eligible, must
have been residents of the Delray Beach area for a period of not less than six
months.
2. Applicants for real estate salesman license must pass a city examination on the
zoning, tax structure, city real estate laws, and city geography.
3. No real estate salesman shall be considered eligible for a brokerage license until
he has been associated with a licensed broker for at least twelve months.
In order to facilitate the enforcement of the real esate license laws of Delray
Beach, it is earnestly recommended that the City of De!ray Beach set up a Delray
Beach Real Estate Com~ssion of three, two to be licensed real estate brokers of
Delray Beach, and a third member to be a non broker.
It would be the duty of the Commission to prepare and conduct the emaminations
of brokers and salesmen, report violations of the real estate license law to the~City ·
Council, set up a system of benalties for violations and generally, under the direction
of the Council, help the City Government to adminster the real estate license law of
the City.
It should be noted where the word "area" is referred to in recommendations for
the licensing of brokers that we recommend thab the realtors of Delray Beach continue
to cooperate on a reciprocal basis with the realtors of Boynton and Boca Ration.
These realtors are members of the Delray Beach Board, a subscribe to our regulations
and cooperate in every way.
Where the word "resident" is used reference is made to legal residence.
It is the request of the Delray Beach Board of Realtors that the recommendations
made above be given earnest and immediate attention by the City Council in order that
the community may be immediately protected from imminent danger resulting from laxity
in issuing f~rther licenses.
Thanking you for such relief as may be granted and assuring you of the full
~ooperation of the Delray Beach Board of Realtors in any legislation you may effect,
I am,
Respectfully yours,
(Signed) john A. Thayer, President
Delr~y Beach Board of Real~ors"
Councilman Smith was not in favor of requiring an applicant to reside in the
City one year before granted a license, as he felt it would work a hardship on a
JULY 22~D, 1947
person trying to establish a business.
Mr. Bruce Puckett, a real estate broker, addressed the Council, stating that he
thought it was a fine recommendation, that real estatement salesmen should be trained
and become thoroughly familiar with the problems of the City before they are qualified
to sell properties in the City.
After discussion by the Council, the Clerk was instructed to secure copies of
Ordinances from Miami, M~.ami Beach, Coral Gables, Ft. Lauderdale, etc. which govern
the licensing of Heal Estate Operators, in order to make a study of their regulations
before taking any action on the request of the Realty Board.
The following letter from the County Commissioner C. Y. Byrd was presented, to-
gether with check in the amount of ~1,500.00 and same was read in full:
"BOARD OF COUNTY CO~,~!SSION~RS
PAI~i BF~CH COUNTY
West Palm Beach, Florida
Delray Beach, Florida
July 11, 1947
Mr. H. P. Edmond, City M4mager,
Delray Beach, Florida
Dear ~[r. Edmond:
Pursuant to our conference last night, I have obtained from the Board of
County Commissioners of Palm Beach County, Florida, County Warrant for $1500.00
payable to the City of De]ray Beach, as the City's portion of the City's and Town's
Disbursements from the one mill General Read and Bridge District tax.
I recommend that said sum of $1500.00 be used first for the complete repair
of Atlantic Avenue from the bridge eastward toward the Ocean Boulevard, and, if
possible, that the low places in the road be raised above high water and a complete
treatment of oil and slag. And that any t~-alance of said sum be used in opening a
ditch from Atlantic Avenue southward to Germantown Road so as to relieve the
stagnant water condition which now prevails in the colored section of the City.
A portion of Delray's money was used in oiling Swinton Avenue from the north
City limits southward to Fourth Street.
Very truly yours,
(sm~mo) c. Y. ayrd
County Commissioner,
Fourth District, Palm
Beach County, Florida
CYB; H '
Encl."
JULY 22ND, 1947
City ~nager Edmond stated that to repair Atlantic Avenue and raise the low spots
from the Intracoastal Canal east to Ocean Boulevard, would cost between ~4000.00 and
$5000.00 and he suggested that the worst spots be repaired, in the vicinity of Sea-
breeze Avenue, which could be done for about $500.00 to last for another year, and the
balance of ~$1000.00 be used for opening ditches to drain off the stagnant water in the.
colored section of the City.
After consideration, City Manager Edmond was instructed to go ahead with a survey
immediately to determine the best locations for opening ditches to relieve the colored
section, and to spend approximately ~500.00 to repair Atlantic Aveme to make it safe
for traffic.
Upon ~he recommendation of Councilman Butler, the City Manager was instructed to
have traffice lanes and diagonal parking spaces .~arked on Ocean Boulevard, also to
arrange for the reinstallation of a tr~ffice light at the intersection of ~.tlantic Ave.
and Ocean Boulevard. This will enable local residents to become used to the traffic
regulations before the season starts.
Mr. Edmond was also instructed,together with Police Chief Croft, to work out
satisfactory traffice regulations near the Post Office, in order to relive traffic at
this point during the coming winter, and to make his recommendation to theCouncil on
August 26th.
At the request of Councilman Smith, permission was granted the Boat Club to build.
a dock and ramp at the extreme south end of the City Park on the Ocean, to facilitate
the taking of boats in and out of the ~.mter, and the City b~nager was instructed to
work out some type of small winch that could be used to pull boats out of the water.
An application filed by James A. Blake was presented by Building Inspector Ads~s
for a pe:emit to construct a twenty-five chair restaurant on Lots 4, 5 & 6, Block ll,
Osceola Park, on the South Federal Highway between 6th and 7th Streets. The plana
had been approved by the State Hotel Commission, and met all zoning ~nd building re-
quirements.
A motion was madeby Councilman Butler, seconded by Councilm~n i~mS.th, that permit
be granted as requested, and upon call of roll the motion carried unanimously.
Miss Dorothea Galvin, being in the audience, complained of the dangerous condition
of the sidewalks on the North Federal Highway in front of the Palm G~ill and in front
of the buildings north of the Palm Grill, stating that automobiles had been allowed to
drive over the sidewalk, which had broken the sidewalk m~king it a hazard to pedestrians
~alking over it at night.
Mr. Edmond was instructed to check the situation and make his recommendations to
the Council.
Upon motion of Councilman Butler, seconded by Counci~nan Smith, and upon c~.ll of
roll unanimously carried, bills totaling $15,765.A3 were approved for payment, subject
to the ~.pprow~l of the Finance Committee.
Council authorized the tr~nsfer of funds from the water Construction Account to
reimburse the General Fund for cost of water construction work which was financed by
the General Fund after the ~ater Revenue O~rtificates were sold but before the funds
A%~were availabl~. ' ed: ~~ ~ ~')._~ ~C~ ~
City Clerk
Mayor